Appellate Division of the Supreme Court of the State of New York June 9, 2009 (Fulbright & Jaworski, LLP v. Carucci)

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered December 10, 2008, which denied defendant Sal Carucci’s motion to dismiss the complaint as against him pursuant to CPLR 3211 (a), unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Carucci dismissing the complaint as against him.